Terms & Conditions

The Client requests Synergy.IT Limited T/A The Sales Creator to set-up and host their software or website and email accounts in accordance with the quotation provided and or as per any other written agreement between the parties. The Client agrees to make the monthly payment and observe the terms and conditions of this agreement.

1. Synergy.IT Limited will provide online web based services in accordance with the requirements set out in the quotation / order form provided.

a. For clients requiring a website design (i.e. clients using The Sales Creator website product) the client will be required to complete a design brief supplied by Synergy.IT and this will be the basis for the creation of the website.

b. For those clients using The Sales Alligator.com product, Synergy.IT Limited is not required to undertake custom modifications or enhancements for individual clients unless they are implemented as part of a system wide upgrade.

c. For those clients that require content, product and/or data information to be added or imported to any of the Synergy.IT Limited products: All information must be supplied in suitable electronic format.

i. If the Client does not have content, images or product information in a suitable electronic format and requires Synergy.IT to modify or create this material, the Client will be charged for this service in accordance with the Synergy.IT Limited standard hourly charge-out rate.

ii. It is the responsibility of the client to provide Synergy.IT Limited with all information, data and content within 30 days of the sign-up date. Any content provided after this time will void any performance guarantee provided by Synergy.IT Limited and additional charges may apply at our standard hourly charge-out rate.

2. Payment Terms

Payment in full including GST is required before any work is undertaken and this payment is non-refundable subject to our performance guarantee and trial periods if any. The only exception to this rule is custom programming work (termed custom functionality) - see next clause for details.

3. Custom Functionality

a. If the Client requires any custom functionality a deposit of 50% (including GST) is required to be paid in advance with 90% (including GST) of the remainder due on completion of the project. The last 10% (including GST) paid after one month in order to allow for testing of the functionality and repairing of any genuine bugs in the new functionality at no charge.

b. An ongoing charge may be applied to any custom functionality to account for extra database storage and usage.

c. Extra traffic and disk space charges may also apply.

4. Information Provided

a. The Client indemnifies Synergy.IT Limited from all liability howsoever arising from the information supplied to the Synergy.IT Limited by the Client and incorporated in the design and content of the software or website.

b. Synergy.IT Limited will use such information as provided by the Client only for the purpose of this agreement and for no other purpose.

5. Synergy.IT Limited shall exercise all reasonable care and skill in designing the format and layout of the website but accepts no responsibility for any loss suffered by the Client arising from the services provided under this agreement.

6. The Client shall observe the requirements of Webfarm or their own Domain Name registration authority in the maintenance of the website name and the website activity.

7. All content, information or data held on behalf of the client is the intellectual property of the client, excluding the underlying Synergy.IT Limited platform, source code and software.

8. The Client shall pay Synergy.IT Limited the Hosting Fee each month via automatic payment to Synergy.IT Limited bank account.

a, The Client understands that invoices and statements are only supplied in an electronic format and will only be supplied in paper format if specifically requested by the client..

b, The Client agrees that in any event a minimum monthly service and maintenance charge of $47.97 plus GST will apply unless an alternative arrangement is made with Synergy.IT in writing.

9. Agreement Commencement and Termination

a. This agreement commences on the date of signing the quotation / order form by the Client or, when a user account is created within any of the Synergy.IT software products either by Synergy.IT or by the client using the automated site setup feature within any of the Synergy.IT products. This agreement is for a minimum term of 24 months. Payment of the first monthly/weekly hosting fee is due one (1) month from the date of this agreement and is paid in arrears. Any setup charges must be paid in accordance with the offer relating the product purchased. The client is responsible for creating and providing Synergy.IT Limited with all the necessary information and content to enable the Synergy.IT Limited to complete their obligation in relation to the product purchased. The agreement may be terminated by the Client by giving one month’s prior written notice to Synergy.IT Limited.

b. Synergy.IT Limited may from time to time make adjustments and alterations to the server that may cause the client’s site to be offline for a period without prior written notice. Synergy.IT Limited will also not be held accountable for temporary or long term closure of the client’s website due to unforeseen circumstances be they the direct or indirect fault of Synergy.IT Limited.

c. If the client is displaying illegal or objectionable material on their website that has not been previously given written permission from Synergy.IT Limited then Synergy.IT Limited may close the site until such material is removed. If the client continues to display illegal or objectionable material on their site Synergy.IT Limited may close the site down and terminate the contract without prior written notice. On termination Synergy.IT Limited will consent to the Client moving the content and graphics related to the website provided the Client first pays their account in full and any associated moving costs.

d. If the client fails to pay hosting fees or other fees owed to Synergy.IT Limited, then Synergy.IT Limited may close the site down and/or terminate any agreement without prior written notice and charge for any costs associated with the collection of any overdue funds will be payable by the client. Synergy.IT Limited also reserves the right to charge interest on any overdue amount at a rate of 21%.

e. On termination by the Client, the Client may move the content and graphics related to the website, but recognise that they have no right to the intellectual property of Synergy.IT Limited.

10. From time to time Synergy.IT Limited may introduce other ancillary services for the benefit of the Client at a price and on terms and conditions to be agreed by Synergy.IT Limited and the Client. The terms and conditions of this agreement shall apply also to the supply of those ancillary services and if there is any conflict, then the terms and conditions as agreed by the parties for those services shall prevail.

11. The Client will be required to pay the annual renewal fee of the Client’s domain name and Synergy.IT Limited administration cost for processing the renewal fee.

12. The Client shall not be entitled to transfer or assign the benefit of this agreement to any other party without the prior written consent of Synergy.IT Limited. Any change in the effective control or management of the Client shall be deemed an assignment.

13. The client shall not sell or give away space on their website to any third party without the prior written consent of Synergy.IT Limited.

14. All upgrades to Synergy.IT software and associated products are provided free-of-charge - however, should additional functionality and or Webbit’s be made available some additional charges may apply and would be purchased separately.

15. The laws of New Zealand shall apply to this agreement.